The Sun. — London, England, 1808-04-09 00:00:00

anything dietatoriatin hit manner, he Was suit that such manner .could less become any man in that House than hiniself, who had so few pretensions to assume it. As a Member of Parlianient, however, he di& not arrogate great-privileges, and he would never allow those privileges to be derogated from by those who in the most diaatorial - manner charged him With being diaatorinl, and who in the most ar togant manner accused him of arrogance. To the "tight Hon: Gentleman who had treated him with 60 much freeddin he would say, that the ices of his manner were levity and misrepreseuiatmti. The first . Was' manifested in the mode :in' which that 'Ili& I lon. Gentleman jeered his Hon. and Learned Friend near him, one ounce of whose sterling worth , tic would not exchange for all the gilt gingerbread •r the other side of the House. .01the second vice et his manner, misrepresenfation, he had 'given a 'striking instance, by introducing it Debate on Papers Wore the Papers were • laid tin i ate table,. and by . pi or ouncing a. panegyric en the Noble Lord, before House was in possession of the means of.ascer tsioing whether that panegyric was well or ill founded. As to the inutility of presenting the letter with the names soppressed, : that it e. cold be advan , tageous to . have it even in that shape. The mere declaratien of the Noble Lord was fugitive, apdcould not be made the ground of any subsequent Parlia mentary proceeding. )rle could not see the neceti- sity under which the. Right Hon. Secretary would labour of resigning, were his motion agreed to. That dreadful calamity to the country surely need not take place; but, dreadful as it would be, he owned 'he would rather see the 'light Hon. Gentleman quit his office: in that manner,:than that he should be turned out by the dark junto which lurked about the Throne. He repeated hia' former assertions as to the unfair manner in which Mr. Garlicke and Lord Hutchinson bad been treated; and, after some other observations, he. concluded by calling upon the House to take this opportunity of asserting their right to have formally before them that which was used in debate for the -purpose of influencing their judgment. Mr. CAN NING explained. A division took place, when the numbers were— For the. Amendment . . ;14 For the original Motion . so, On our re-admission to the Gallery, we found the CuAticELLoa, of the EXCHEQUER, upon his legs, giving notice that he should take the opportunity of some Bills which were to be brought forward on Monday, to redeem a pledge given by him in a fernier Session, by moving for leave to bring in a Bill for making a better Provision for . Stipendiary Curates. • REVERSION GRANT SUSPENSION 1111. L. Mr. H. Trion zvrotr brought-up the Reportof the Biti' for t.uipcnilirib for a limited time the Grant of Otfiees in ReiVersiee. On the question, that. the Amendments be agreed to, Mr. 19.111TBREd1) stated, that it had been his wish to propose some amendments to this measure, which would send it up, if not exactly the same, at least substantially so; with the Bill which had been thrown out in the Lords; but as some difficulties had occurred- respecting the mede of proposing these art endments,'he was desirous of takieg.till Monday to consider of the course he should pnrsue. The more consideration he had given to the subject, the more important it appearedjo him, and be had not that tnatle'ep his mind, whether he should not on Monday oppose the Bill in toto, with a view to move an Address to his Majesty, and more particularly as the-Right Honourable Gentleman 'opposite was nut sure that their Lordships might not haVe 'the same difficulty in passing this measure that they had felt with respect to the former Bill. Whatever loss of character he might risk by taking such a course, be should not hesitate to encounter, h order that the Maim might keep the whole busineisa to itself, by, addressing his Majesty, as in the last SCssioti, that he would be graciously pleased not to grant any Offices in ReverSibn before the next Session of Par. 'lament. Then th:House might send up the \ same Rill to their Lordships without any infringement of the respect due to the forms or the feelings of the other House. These were his sentiments upon the subject, and it *was upon these grounds that he peoposed to defer, till Monday, what he had to• offer th the House, with respect to cis* proceedings upon it. The Amendmeuts were then agreed to,, and the Bill ordered to be engrossed and printed, and to be read a third time on Monday next. Mr. FosTaa moved the third reading of the Irish Duties Bill, upon which a long conversation took place between Sir John Newport, Mr. Easter, Mr. Tierney, the Chancelloi of the - Exctiequer, Lord Temple, and Mr. Rose, which tertiiinated in the adoption of an Amendment in the preamble; sub stantially referring to the duties imposed by tho Or ders in Council Bill in Great Britain, as toe ground. of the expediency of imposing similar duties in Ire land; when . the wad read a third time and passed. .Ordered, on the tnOtion of Sir JOAN NEWPORT, slightly amended by Mr. Foaisit, that there be l a id before the House an Account of the Appointments of Officers to the Linen Beard, which may have been 'made in the coarse of the, year, ending the aI St of December, with the dates of the appointments, and the number and names of the Trustees who were present when the appointments took place. The Order for a Committee on Monday. to Con sider-further of the Petitions against the Orders of 'Council, by the further hearing of evidence thereon, Was put off from 'Monday,' on the motion of the ,eit.tteciamt. of the EXCHEQUER, to Tuesday, on. uhich day, the several -persons ordered to attend on the former day, were ordered to attend the Coin miner), Sir I. NEWPORT observing that a notice appear ed on the Book' on the part of the Right Honoura ble Gentleman opposite, for moving the Grants for the Miscellaneous Sermites of Ireland, in the Com mittee of Supply on Monday next, adverted to the quantity of business which stood for Monday, and 'expressed a wish that the Right Honourable Gentle clan sholffd defer these Grants to some Other day. Mr. POSTE!? replied, that there were many of the grants which Were voted annually for charitable purposes, and which •it , would be desirable 10 press before the Recess, im.cause . no rnotiey could be ad. vanced to the InstitutiOns for whith the . grahis were Made till voted by-that 'Howes, He conk!, however, not hate any difficulty in •peatpotting,`fur the conve nience orthell(iuie tit s'tleration'of any of-the __o3 • . . other grants to which any reasonable objdr.cn be made, or which would be likely * in conirti - telice, to give rise to any lengthened discussion. The, Orders of the Day were then disnos( ; 4l of when the Honse adjourned at Eleven o'clock till Monday. IAII REPORT. COURT OF CHANCERY, Afittt. S. IN TOR NATTIR"6F LORD AGIIRIM, A LUNATIC, AND ALSO ZA.-itTA 'FOS LAAL OF ATNLONK, Sir SAMUIa ROMILLY was heard in reply .to the arguments of Mr. Richards and Mr. Weatherall, who supported the claim of Lady Aghrim to be the Committee of tbe person:and estate of, her husband, 'Lord Aglirim. Sir S. RoMILLY contended With great ability in support of the claim of the Earl of Athlone to be the CoMmittee bf the unfortunate 'Nobleman,' wrio is the sou of the Noble Earl; and Avent over all the statements contained in the affida vits on both sides; from the whole tenor of which he maintained, that whatever affeaion Lady Aghrini might have for her Lord, and he admitted it to-be most pure; yet she bad erred in judgment as .to the mode of treating this unfortunate Nobleman, in thg state 'of mind in which he is, and therefore ought not to have the care 'of his persottand estate, to the exclusion of his father, mother, brothers, sisters, and,all his. relatives ; but that he ought now to be 'removed from the place where he resides, being a sea=port in the County of Durham, to some place near London, w here he may be mote immediately under the superintendance of his family, and within the reach of the protection of the Court of Chan cery. The LORD CiThi.ICELLOR:-...." It is impossible for I me to describe the pain and anxiety with which I address myself to the discharge of my ditty in this case, of the value of which no man living can form an estimate, unless placed in a situation wherein he is called upon to dischargelt, for it is one of those concerns in which a man mast harden his heart before he can duly exercise his judgment, and I am perfeCkly sure that if those who have addressed me on either side of the subject sat in this place, they Would not have expressed their judicial as they have expressed ,their personal feelings, The Great Seal is entrusted, by Special Commission, with the duty of taking the best care it can, and to guard With the utmost prudence with which it can surround, persons in that unhappy state which is deemed • lunacy ; but it were idle to disguise from mankind the utter impossibility of discharging that duty well, without that which in this case is afforded on neither side (perhaps because it could' not be ob tained); from neither side have we had the benefit of medical advice in every stage of the history of this case ; and if I feel that event in a great degree distressing to me, it. is ' because I know that in cases of this kind, where my regret is deeper and more excessive than I know how to express, and my concern is incapable of being stated, when I reflect that my judgment might be erroneous from beginning to end, if I were to act on such feelings i as might actuate me iii the absence of that medical information which is absolutely necessary on such occasions as these ; and I cannot help deploring that we so often find a diginclination in medical men . to give to this Court that assistance it so much needs in the due discharge of this branch of its judicial duty. I think DoCtor -Gregory deserves The highest commendation this Court Can bestow on him, for the advice and opinion he gave in this melancholy case ; and I hope.that in the proscen tion of this inquiry, that assistance will be liberally given, without which it is impossible not to see that 'this Court is in danger of forming an cironeous judgment. Now, let us look at this most unfortu nate and unhappY•case. The Gentleman who is af flicted with this great calamity is the son of a very considerable and amiable family, naturally calling for the pretedion and the anxiety of that family, who would be wanting in that duty, the importance of which they ought to feel, and on the exigency of which they ought to ad, if they did not feel for him the deepest atfeaiun 'and concern. On the other band, he appears to be married to a Lady who seems the object of his warmest affeCtion ; it was a match •in which, perhaps, neither party had much of worldly prOspea, but was founded on mutual at tachment. She is a Lady of high rank, though nut of a Noble family, and it is clear, from all the evidence laid before me, and uncontradiCted, by aikrtion, that after this marriage, the parties lived, together in the greatest harmony and mutual affec tiou, until it pleased Providence to visit this Gentle man with that bodily disease which ended in mental derangement. I think that disease took place some- Where about April or May, t 805, when he was in the course of performing his professional duty, and stationed in Ireland ; and until August 1805, every thing was uninterrupted; up to that time there, appears to have been the most perfe& and uninter rupted taffeetion i not only between Lord and Lady. Agbritn, but also between them' and the fatally of' the Earl of Athlone; but it is impossible to deny that during the residence of these parties in Ireland, something happened to interrupt their good under standing, and it is greatly to be regretted, that whets any little interruption takes place in the atfeCtion of families, each party is apt to bring forward circum stances to justify that part which it takes in -a quarrel, and many of which circumstances are, in .all human probability, in no degree fairly colluded . with the original concern; so that many things, I have no doubt, passed in Ireland, and afterwards hero, which- had no stri& relation to the true question, now between the parties; and many of the circumstances thus stated in the affidavits, I :..read with regret and pain. On arriving in this ,'country, this Gentleman still remai n ed in some • degree in a state' of derangement,. but capable of, receiving comfort, and of a participation of a great deal of family happiness.—He arrived on the I Ith of August, 1805, and ,my Lord and Lady Aebritt became part of the faMily . of my LOrd Athlone, in Sloane-street. Front the month of Atigust up to I November, it appears to have been the firth opinion and confident expeetation o a t the whole of that family (accompanied, if I recolle& rightly, by the expression of Lady Agbrim against calling in Dr, Willis, and Lady Athlone against that of Dr, Sim mans), that this unfortunate Nobleman ‘vcoilil recover. They express also that it would nut Lis iirecessary to cull in medical wisistance, a bout' i• 'o Jong cherished, because the remedy war, tat-r,tiii.. :JO _rag ch:layettdelayed for a laudable reasl4ll, at far • •• • .-1.1 •• • . " to bo sebich is thti result .of atiettion in the absence Of i ludgment. After .this, the complaint :increased, •art . then his affection- chanted into,dislike; for it is the nature of this disorder to convert objeCts of affection into ohjei7ti. of. dislike-s-atid the _warmer the affeetion way, the Ireater the dislike is apt' to , become.; and that for, no .other reason, ,than that the ob., jeep was once that of , Warni. effeelioe,s and we, had too much stated in the affidavits, old instances of expressions Of .this species of dislike, when the single question, ought 56 have , been, , what - was most conducive to the, liappincsa of , the alit - ed individual ; and thee it should .be cpnsidered, whether the Ojai of his dislike sheeld, have been removed, ‘Vithout consiiering ,whether .t he tlislike Was well or ill founded. But notwithstanding all the passages it) the affidavits of the parties,. aeeusing each other with misMartagement of 'this Unfortunate caie; their of etaion appears to have blinded their Judgment - , for they cherished hopes of a recovery, without calling in th it species of, assistance Which ? if called in, nobody can now, with any propriety; jay would have been ineffedrially called in, but which we are now left to regret unavailingly was not done. tip to the month of November; Matters go oti in Ibis manner, and 'nothing appears in the 'eons -munitation or the CorresPoudenee of the parties; that either thought it was improper this Gentleman should remain in Lord Athlone's house, or that Lady' Athlone thought it improper that Lady, Agb rim should continue with her husband. In the month of November they go to '.Chelteitharn.—. I s orcl-Aghrint is still treated as a patient', slot want ing any medical advice, who is observed to be :If flitted with mental derangemetitto some degree, but is treated only as having a bilious complaint,— And here a circumstance is ,stated that Lady Agh rim permitted his Lordship to go a few yards for letters to the Past-office, while she remained at the Libv.iry, as it there were in it much matter of cen sure ; apd this has produced oirervations from the parties on both sides, that might have beets well • spared, as view the subjed. They return from Cheltenham, and there is an absence of infortna lion up 'to the month of January ; and then occurs a circumstance which should not be forgotten, I mean that which I think fortunately introduced on hosh sides ; I mean the circumstance wherein Lady Agh rim entreats Lord Athlone to consider herself and her husband, not as visitors, but lodgers in his house, when she stipulated to pay five guineas per week for her family -3 two guineas for herself, two guineas for Lord Aghrim, and One guinea for their servant ; and upon' which my Lord Athlone explains in a manner which does credit. to Lady •Aghrim and to himself, because it shows that Lady Aghrim wished not to be a borate') to the family of Lord Athlone ; and because that Noble Lord did not con sider her so, who observed that he did not wish to have any thing, and that it was not material what was paid—if any thing was paid - . After this she , mentions 6 guitaeas.a week, and expresses her happi ness that that sum was accepted,•that she and her hus band might be tie longer. :burthensome to the family as visitors. It appears that my Lord Athlone went with Lady Aghrim .to look for lodgings in Hans place, Sloanesstreet. I took notice of this for the purpose of observing, that up to the date of this transaetion, neither of these parties were blame able in the judgment of the other, forr not calling in medical advice, or for not placing Lord Aghrim in a situation different from that in whit:him was, for he was then in a situation in which no one was ex- cluded from his presence. Then it appears on the evidence, that some passion or pique (justly or un justly it is not necessary to. inquire much into) took place between these parties ; but we must look at it as far as it atfaled the happiness of the unfortunate lunatic, and . considering that to affect the founda tion of his present happiness. The families go on with disputes,' in which Lady Aghrim blames the whole family of Lord Athlone; and they, iu return, impute blame to - Lady Aghrim, who, on the gth of Febritary, thiutu. At to quit the 'uouse of Ixzei - . Athlone, to leave her husband there, and , to go to the house ofMr. and Mrs. Shaftoe, her sister, living in London, and taking the advice of Lord Auckland, during the absence of Lady Aghrim from the house of Lord Athlone, to the 6th of March, when she took Lord Aghrim' away. Between that time in February and the 6th of March, there is a species of communication kept up between her and Lord .Ath. lone' a family, and it is probable (from the mass of evidence I may have misunderstood it, but as I un-. derstand the evidence I take it) that, during that period, this unfortunate person did express (what I urn not surprised he did express, because that is often the case of such a malady as •this) an utter dislike to the person who was beforelhe object of his a&c lion. That he did atter expressions of dislike, dis inclination, anger, and passion, against Lady Aghrim; and this 4 appears further, tient what the nurse said when Lady Aghrim wished to see him, when she was advised to take a mode of intercourse which she did not accede to, but she took the reso lution) about the tith of March, to go,, nut with that force which some .of the witnesses represent, but with two servant maids,. and n servant man behind her carriage, and, conceiving herself refused to enter at the front door, she went in at the area, walked up stairs into the room where Lord Aghrim was ; anti, according to her advent of the matter, all the dislike and aversion which had-taken place in the . mind of Lord Aghrimaurned quickly towards her, and made her the object of his atfeetiou, and he ex pressed . pressed a great desire to. go with her. She gav e him some inducement to it, by representing him as a Prisoner, which naturally had great, weight in his mind, and- perhaps yery undue weight,_ which ap pears to have encouraged him. A strnggle takes place for the possession of his person; he is dragged both ways, and ' part of. his clothes are Lady .- Aghrim • succeeds, and gets him into an hackney coach, halt undressed ; she conveys, him to the house of her brother-in-law and sister, Mr. and Mrs. Shaftoe. Upon this a great deal of obser vation is made, and usefully made, in the discussion of the question of what is best for the present happiness of this • unfortunate ptersen, tor I have nothing to do itnth the feelings: of the parties, except as they may be concerned .With the interest of the person. lie-was . taken to the house of Mr. and Mrs. Sitatl o l. It appears that Lady Aghrim had, by the advice of , Lord' Auckland, a consulta-; tion of .Physiciatis• on the state of this Gentle man's mind, - tor so it is proved,.and that sit guineas Vivre paid for tea to Phykiciani ; and on this in .. ' • • et, ; •110 CajiOn 'way I.,gikrim.write.S to Lotd Athlone.l let!tt very indis.,:reet letter;..Withbl 4aying kmy thltl4 Mort of ,it--and.,.to, 4 frhic!.‘ think proper to give; nn answer., period of the Bth of, Alareft, ntAil, be ;vas jilted to the County or Ditrhanti ad yin, know t itit h i matter is, that he wasin London ;, atkailiatdkirin that time, he . exptessed .. great : regard,. for Aghrint • and What., Avithekit,,,i4 affidfitilt .1 s have believed, he is said tit ilave dislike. :and :,cii9inelmatiott ~,toward4 . tita , from w.horo. he had been temoved.„• He ..‘ wards: removed down Conn! , Sowi stop lkere, itt the hest , ~! v.. ,is it Obssible,to ti keing .had thi: ma) I. cite beo , A 2 oelied with. the . • stands is. 'impossible for feel it, is J.O possible for me, *Weyer it might . be 'for re! who have sat before, or, who. me) , sic hsthafivr . this placer-I feel it to be impossible f:a me torn:l,p of the .efre6i of the, treatment,. of 'the kind or the contumelleusetreatmeet—mild. or ,harsh .t;•eatrbent, more or less,--buinao or inhuman .treatmetit—l say it is impossible . for me to . jodge of the propriety pr the impropriety, of that treatment x . vitieli this pa.' tient received, or to give zi chara6ter to tliat treat. meet, without the aid of medical advice. Ide not -. understand the application of any treatment to ti person in such a sittnition, without medical advice; and I stop here to mark this.circumstaitee, (rani tlitt Words -of Mr. Evans, who proves that when'• boEtor Willis was proposed to be called in, • Lady Aghrim objected to . it ; and 'when Doilor Simmons was propbsed to be called in; Lady Athlone objected ; and Dotter Farquitar's opi nion being taken, and his eminene in his protes• lion is great, but he does not extead his prac; Lice partictilarly to this branch of it ; and it does not appear that they were called in ; so that the case stands before Me without the affidavit of one mediCal man to assist me, as to the. state of the derangement of this Gentleman ail the period of their attendatice, on him in Sloane -street; nor have I the affidavits of theThystclins who ha the constihntiod as to the state Of his mind, when that consultation was litdd and here I. have no knowledge of the naval treat e meet, nor any opinion of the probable end of it, without which it is impossible for me even to be gin to understand what my duty It In this case. • It is imputed to Lady Agin.im; that she took this Gentleman down to ScOtland without proper ad. vice; and if she had Medical advice, I can vasty ex press my surprise that It is not stated; but the inn.. meet she took that rash atit, for so I mtist call it, until a given period, which I have oared, thee was a concurrence of opinion in the whole family, • that medical advisers should not be called in,: which perhaps they all regret now. Why' then my 1 ady Aghrim tea: her husband down to Durham ; and here I believe that Sir Samuel Rumilly will wee with merle saying, that the. house to which lie Wt 49 taken was one wherein he could not have met with any ill treatment; if any onelivlng could have wish ed to give it. MW why my Lord Athlone did not apply to her father, or to Lord Aucklend for illation, is, what 'we shall not now inquire ; but if he had, no doubt that every satisf4tion wunid teive been given. But I think it is itnpusnibte to doubt, that, during the whole period this Nobleman was.. under the care of this Lady his wile, at Durham, and, in Scotland, she behaves AU him with the most effe erriplaty affettion. Tins must la- taken from all the evidence of Sir IL Milbank, Lady Millbank, and all the other witnesses whose depositions we have; stud it is impossible to pass over that which is stated by Dodor Gregory, of Edinburgh, who iepresents ltdr as the most dutiful,- affectionate, aSsiduoui wife, sae "criticing every worldly comfort of het own the idjury of the remainner of it, to couttitel e t o !ti be regretted,: until they returned to his happiness. But here again 'that during all this. intert?:,, Purham,,therei.! riot One word in the affidavit, • or .the opinlon of medicatmen.' We know nothing of what medical care was thrown around this Gentle.- man from the time of his going from London to Durharn, train thence to Scotland, and back to' Durham, where he now is. In the almmce of information, I need not repeat how impossible it is for me to give a judicial decision."---Here his . Lordship stated all that` had been said by Mr. cirice'i who kept the house for . tlie reception of; Lunatics, near Edinburgh ; what was related by Doctor Monroe, and Dr. Simmons, and also by 17t . Gre gory, whO intiletnad Lady Agitrini, 'and ittformed her corre6tly, that, by the Law or Scotland, a woe., man could not have a controul of the person of Lunatic, and therefbre he advised her, nod edvetect her soundly, to 'come he England, where she might have that conttool. Now the Court was lelt in thia situation; called upon to determine, atthe moment that this Gentleman wai l removed Irvin Etliebtarele who was the proper person to be the Comnittee of this lunatic. New, although there Might be no. want of etieetion, yet affection itself might he causes of impediinctit to judgmeot ; yet if he should be con vinced that affeaion. hod blinded the judgment of this Lady formerly, but that the comfort and the happiness of the individual would now be best con sulted by continuing him in the same care, ha would not take him oat of that caree-LThe question there -fore was not, Whether •the hest had been done m this case that could be done, but what wits to i?e done now for the comfort and happiness of this unfurl nate individell, as. far as he Was cipshle happi• nesk . or comfort ? And here his Lordship laid groat stress on the expression of De 'tor Gregor y, with regard ,to the condu& of ',Ay lighten towards her husband, who - was convinced that the recovery of this patient i 8 absolutely hopeless, but as to Lady Agbrim's attention to him, she went far beyond duty or prudence with respeert to her own intppiness foc the remainder of her lite; therefore, whatever emir there might have been in her judgment, her•a&c. tion for her husband was unbounded ; and us hie rev, ctivery -was hopeless, nothing ttu.,;ht to be look e d t o but his comfort ; and therefore his I..tertistisp cduld not order him to be taken nWay from . the me . ef one who had so much Aenderness stud affection f o r - higt. His Lordship ficicied, however, that all rr sonable access should be allowed to him for his N:.- rents and his relatives. He was n ow er nk i j n ,, t Only to remove Lady Aghrim frame the Lille of . Ike husbantl,. but also to give that titre to Lord A l b lone, and also to dirett that title hI me t 5 14„,evi e , view his Report. That he at vto,:.ent wfutld t ilir ; lid( this Ltinatie slibuld, for the present, contioac Under the 'cam in which he was, And hielsordehip